Article 720 Flashcards Preview

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Flashcards in Article 720 Deck (11)
1

Youthful offender _____________ is substituted for the condition of an eligible youth

finding

CPL 720.10

2

T/F? youthful offender must be less than 19 at the time that the crime was allegedly committed

False

CPL 720.10

3

T/F? A youthful offender receives the same sentence as an adult

False

CPL 720.20

4

T/F? a youthful offender adjudication is a judgment of conviction

False

CPL 720.35

5

Youth means person charged with crime alleged to have been committed when he was at least 16 years old and less than 19, or a person charged with being a juvenile offender (ages of __,__,__)

13,14,15

CPL 720.10

6

Youthful offender _________ is comprised of a youthful offender finding, the youthful offender sentence, and entry of the youthful offender sentence

adjudication

CPL 720.10

7

Generally, every youth is an eligible youth to be found a youthful offender unless
1. the conviction to be replaced is for class A-I or A-II felony, or armed felony, rape in the first degree, rape in first degree, criminal sexual act in first degree, or aggravated sex abuse
2. such youth was previously convicted and sentenced for a felony
3. such youth previously been adjudicated a youthful offender following conviction for a felony, or has been adjudicated a youthful delinquent who committed a designated felony act, as defined in FC act
A. 1
B. 2
C. 2 and 3
D. All are correct

D. All are correct

CPL 720.10

8

Choose the best answer. Upon determining that an eligible youth is not a youthful offender, court must order accusatory instrument unsealed and continue action to judgment pursuant to rules governing criminal prosecutions. If court finds that youth IS a youthful offender, the conviction is vacated and replaced by ________.
A. a certificate of conviction
B. a youthful offender finding
C. a juvenile offender finding
D. none of the above

B. a youthful offender finding


CPL 720.20

9

Which of the following is correct? For a conviction to be replaced by a youthful offender finding, the conviction may be for
A. a class A-I or class A-II
B. an armed felony
C. class A misd
D. rape first degree or criminal sexual act first degree

C. class A misd

CPL 720.10

10

Which of the following statements is the best choice? a youthful offender finding
A. is a judgment of conviction
B. does not operate as disqualification to hold public office
C. both
D. neither

B. does not operate as disqualification to hold public office

CPL 720.35

11

Which of the following is the best choice? Upon conviction of an eligible youth, court must
A. order pre-sentence investigation of defendant
B. determine if eligible youth is youthful offender
C. both
D. neither

C. both

CPL 720.20